[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8921--DEC. 20, 2012

Proclamation 8921 of December 20, 2012

To Take Certain Actions Under the African Growth and Opportunity Act and
for Other Purposes

By the President of the United States of America

A Proclamation

1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan
African country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of South Sudan meets the
eligibility requirements set forth or referenced therein, and I have
decided to designate the Republic of South Sudan an eligible sub-Saharan
African country and as a beneficiary sub-Saharan African country.
4. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes
the President to terminate the designation of a country as a beneficiary
sub-Saharan African country for purposes of section 506A if he
determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the 1974 Act.
5. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that the Republic of Mali and the Republic of Guinea-Bissau are not
making continual progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act. Accordingly, I have decided to
terminate the designations of the Republic of Mali and the Republic of
Guinea-Bissau as beneficiary sub-Saharan African countries for purposes
of section 506A of the 1974 Act, effective on January 1, 2013.



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6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country for purposes of the Generalized System of Preferences
(GSP) if the President determines that such country has become a ``high-
income'' country as defined by the official statistics of the
International Bank for Reconstruction and Development. Termination is
effective on January 1 of the second year following the year in which
such determination is made.
7. Pursuant to section 502(e) of the 1974 Act, I have determined that
the Federation of Saint Kitts and Nevis has become a ``high-income''
country. I am terminating the designation of that country as a
beneficiary developing country for purposes of the GSP, effective
January 1, 2014, and I will so notify the Congress.
8. On April 22, 1985, the United States and Israel entered into the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel
(USIFTA), which the Congress approved in the United States-Israel Free
Trade Area Implementation Act of 1985 (the ``USIFTA Act'') (19 U.S.C.
2112 note).
9. Section 4(b) of the USIFTA Act provides that, whenever the President
determines that it is necessary to maintain the general level of
reciprocal and mutually advantageous concessions with respect to Israel
provided for by the USIFTA, the President may proclaim such withdrawal,
suspension, modification, or continuance of any duty, or such
continuance of existing duty-free or excise treatment, or such
additional duties, as the President determines to be required or
appropriate to carry out the USIFTA.
10. In order to maintain the general level of reciprocal and mutually
advantageous concessions with respect to agricultural trade with Israel,
on July 27, 2004, the United States entered into an agreement with
Israel concerning certain aspects of trade in agricultural products
during the period January 1, 2004, through December 31, 2008 (the ``2004
Agreement'').
11. In Proclamation 7826 of October 4, 2004, consistent with the 2004
Agreement, the President determined, pursuant to section 4(b) of the
USIFTA Act, that it was necessary in order to maintain the general level
of reciprocal and mutually advantageous concessions with respect to
Israel provided for by the USIFTA, to provide duty-free access into the
United States through December 31, 2008, for specified quantities of
certain agricultural products of Israel.
12. In 2008, 2009, 2010, and 2011, the United States and Israel entered
into agreements to extend the period that the 2004 Agreement was in
force for 1-year periods to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement.
13. To carry out the extension agreements, the President in Proclamation
8334 of December 31, 2008; Proclamation 8467 of December 23, 2009;
Proclamation 8618 of December 21, 2010; and Proclamation 8770 of
December 29, 2011, modified the Harmonized Tariff Schedule of the United
States (HTS) to provide duty-free access into the United States for
specified quantities of certain agricultural products of Israel, each
time for an additional 1-year period.


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14. On November 19, 2012, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2013, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
15. Pursuant to section 4(b) of the USIFTA Act, I have determined that
it is necessary, in order to maintain the general level of reciprocal
and mutually advantageous concessions with respect to Israel provided
for by the USIFTA, to provide duty-free access into the United States
through the close of December 31, 2013, for specified quantities of
certain agricultural products of Israel.
16. In Presidential Proclamation 8771 of December 29, 2011, pursuant to
the authority provided in section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19 U.S.C. 3006(a)), I
modified the HTS to reflect amendments to the International Convention
on the Harmonized Commodity Description and Coding System (the
``Convention'').
17. Presidential Proclamation 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement (USCFTA) with respect to the
United States and, pursuant to the United States-Chile Free Trade
Agreement Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 note),
incorporated in the HTS the schedule of duty reductions and rules of
origin necessary or appropriate to carry out the USCFTA.
18. In order to ensure the continuation of such staged reductions in
rates of duty for originating goods of Chile in tariff categories that
were modified to reflect amendments to the Convention, Presidential
Proclamation 8771 made modifications to the HTS that I determined were
necessary or appropriate to carry out the duty reductions proclaimed in
Proclamation 7746.
19. Chile is a party to the Convention. Because the substance of the
changes to the Convention are reflected in slightly differing form in
its national tariff schedule, the rules of origin set out in the USCFTA
must be changed to ensure that the tariff and certain other treatment
accorded under the USCFTA to originating goods will continue to be
provided under the tariff categories that were modified in Proclamation
8771. The United States and Chile have agreed to make these changes to
certain rules of origin set out in the USCFTA.
20. Section 202 of the USCFTA Act provides rules for determining whether
goods imported into the United States originate in the territory of a
USCFTA Party and thus are eligible for the tariff and other treatment
contemplated under the USCFTA. Section 202(o) of the USCFTA Act
authorizes the President to proclaim, as part of the HTS, the rules of
origin set out in the USCFTA and to proclaim any modifications to such
previously proclaimed rules of origin, subject to the exceptions stated
in section 202(o)(2)(A).
21. Presidential Proclamation 8840 of June 29, 2012, modified the HTS to
reflect changes to duty-free treatment under the GSP. Annex I to that
proclamation included an error in the list of subheading numbers to be
added at general note 4(d) to the HTS, and I have determined that a
modification to the HTS is necessary to correct that technical error.
22. Presidential Proclamation 8894 of October 29, 2012, pursuant to the
authority provided under section 202(o)(2)(B)(ii) of the United States-
Korea Free Trade Agreement Implementation Act, modified the


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HTS, through
section E of Annex III of Publication 4349 of the United States
International Trade Commission (the ``Commission''), to correct a
clerical error regarding a provision of chapter 61 (as included in Annex
4-A of the United States-Korea Free Trade Agreement).
23. Section E of Annex III of Publication 4349 contained a typographical
error within the correction that needs to be corrected. I have
determined that a modification to the HTS is necessary to correct this
typographical error and to provide the intended tariff treatment.
24. Presidential Proclamation 8894 of October 29, 2012, modified the HTS
as provided in Annex II of Publication 4349 of the Commission to
implement the initial stage of duty elimination provided for in the
United States-Panama Trade Promotion Agreement and to provide for
further staged reductions in duties for originating goods of Panama. The
proclamation erroneously referred to ``originating goods of Colombia''
and should instead refer to ``originating goods of Panama.''
25. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other acts affecting import treatment, and actions
taken thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
title V and section 604 of the 1974 Act, section 104 of the AGOA,
section 4 of the USIFTA Act, and section 202 of the USCFTA Act do
proclaim that:

(1) The Republic of South Sudan is designated as an eligible sub-Saharan
African country and as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note 16(a)
to the HTS is modified by inserting in alphabetical sequence in the list
of beneficiary sub-Saharan African countries ``Republic of South
Sudan.''
(3) The designations of the Republic of Mali and the Republic of Guinea-
Bissau as beneficiary sub-Saharan African countries for purposes of
section 506A of the 1974 Act are terminated, effective on January 1,
2013.
(4) In order to reflect in the HTS that beginning on January 1, 2013,
the Republic of Mali and the Republic of Guinea-Bissau shall no longer
be designated as beneficiary sub-Saharan African countries, general note
16(a) to the HTS is modified by deleting ``Republic of Mali'' and
``Republic of Guinea-Bissau'' from the list of beneficiary sub-Saharan
African countries. Further, note 2(d) to subchapter XIX of chapter 98 of
the HTS is modified by deleting ``Republic of Guinea-Bissau'' and
``Republic of Mali'' from the list of lesser developed beneficiary sub-
Saharan African countries.
(5) The designation of the Federation of Saint Kitts and Nevis as a
beneficiary developing country for purposes of the GSP is terminated,
effective on January 1, 2014.
(6) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``St. Kitts and Nevis'' from the


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list of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2014.
(7) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2013, the HTS is modified as provided in
Annex I to this proclamation.
(8)(a) The modifications to the HTS set forth in Annex I to this
proclamation shall be effective with respect to eligible agricultural
products of Israel that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2013.

(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I to this proclamation, shall continue in effect
through December 31, 2013.

(9) In order to reflect in the HTS the modifications to the rules of
origin under the USCFTA, general note 26 to the HTS is modified as
provided in Annex II to this proclamation.
(10) In order to correct a technical error in the list of subheading
numbers at general note 4(d) to the HTS, the HTS is modified as set
forth in section A of Annex III to this proclamation.
(11) In order to provide the intended tariff treatment to goods of Korea
under the terms of general note 33, the HTS is modified as set forth in
section B of Annex III to this proclamation.
(12) Paragraph (3) of Presidential Proclamation 8894 is amended to
correct an inadvertent error by replacing ``Colombia'' with ``Panama.''
(13) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
December, in the year of our Lord two thousand twelve, and of the
Independence of the United States of America the two hundred and thirty-
seventh.
BARACK OBAMA



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